Judgment : High Court Division
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61 Civil Rule 996(V)(R)/2015 (Arising out of Civil Rule No. 739(FM) of 2015) Mohammad Alauddin Sikder and others vs. Md. Mujibur Rahman and others For violating the order of injunction passed by the Hon`ble High Court Division, punishment given after holding judicial enquiry
62 Osman Gazi Chowdhury VS Artha Rin Adalat, 4th Court, Dhaka and another Section 41 of the Artharin Ain, 2003:
No writ is maintainable against a decree or post-decree order passed by Artharin Adalats:
It is the clear intention of the Legislature that a party to an Artharin Suit if aggrieved by a decree, must prefer an appeal. Since the Ain, 2003 is a special law with an overriding provision over other laws and has prescribed a special procedure, there is no scope to bypass the appellate forum, if the forum under Section 19(2) of the Ain, 2003 against an exparte decree is already not availed of by the party.
About 10 (ten) years ago, our Apex Court in the case of BADC -Vs-Artharin Adalat 59 DLR(6) urged the learned Advocates of this Court to be susceptive in filing a writ petition against any decree of the Artharin Adalat. But unfortunately the learned members of the Bar are coming up with the said writ petitions indiscriminately and thereby causing wastage of valuable time of this Court which is overwhelmingly overburdened with huge backlog of cases.
Writ is maintainable against a pre-decree order passed by Artharin Adalat. The only exception is that before passing the decree, if a party to an Artharin Suit feels aggrieved by an order, writ jurisdiction may be invoked as has been held in the case Sonali Bank Ltd Vs Asha Tex International 20 BLC 185.
63 Nur Mohammad Vs. Asen Ali and others Civil Court can restrain the proceedings of Revenue authority in concern with mutation proceeding by granting temporary injunction
64 Jogmaya Saha Roy Vs. Sree Shekhar Chandra Chakraborty and others One who enters into a religious order severs his connection with the members of his natural family. He is accordingly excluded from inheritance. Entrance to a religious order is tantamount to civil death so as to cause a complete severance of his connection with his relations, as well as with his property. Neither he nor his natural relatives can succeed to each other’s properties
65 Musa Kalimullah vs. Secretary, Water Resources, Ministry of Water Development and others Ratio: The post of Stenographer is a promotion post and the decision of promotion is to be made on the basis of merit through open competition in which serving Steno-Typists and outsiders may take part. So, on being promoted as Stenographer he has become entitled again to get the benefits of a new-slot of time-scales subject to fulfilling essential conditions like- satisfactory service of 8, 12 or 15 years.
66 Md. Imam Hasan and others vs. Secretary, Ministry of Education and others Ratio: 1. In the scale of a lower post like L.D.A no employee can claim to count his service in a higher post like U.D.A. Under any circumstance an employee shall not be allowed to discharge the responsibility of any higher posts immediately after his appointment in a post lower than that. Ratio: 2. Government Order or policy decision, no employee serving on daily basis shall be entitled to get that period added or counted with his later service in the regular establishment.
67 Meda Natun Hati Masthyajibi Samabay Samity Limited Vs Government of Bangladesh and others সরকারি জলমহাল ব্যবস্থাপনা নীতি ২০০৯ It appears that the Rules, 2009 is silent about what criteria should be followed in ascertaining such distance where more than one samity apply for getting lease. But the preamble of ‘The Rules, 2009’ made it clear that the same has been promulgated with a view to giving preference to the real fishermen in granting lease which along with other provisions of the Rules, 2009 suggest that the riparian samity of fishermen of which most of the members live closer to the Fishery would get priority in getting lease. A fishermen community may live far off from the Fishery but for some other reasons may set up its office at a place close to the Fishery. If nearness of the office is taken to be the standard of measuring comparative distance of the contending societies unfair competition in setting up offices nearest to the fisheries is bound to follow to the detriment of the purpose of the law. This is a proposition which cannot be accepted in any view of the matter.(para 15)
68 Mohammad Hasan Vs. The State
69 Md. Motiar Rahman vs The State and another An accused is not entitled to jimma of seized property except where claim of right to possession of the same is prima facie lawful.
70 Oli Ahmed Chowdhury being dead his legal heirs: 1(a). Jarina Begum and others Vs. Md. Osman Gani and others Starting point of Limitation for filing a pre-emption case is the date, when the impugned sale deed has been registered under section 60 of the Registration Act, 1908
71 Sarwar Alam Chowdhury being dead his legal heirs: 1(ka) Fazilatun Nessa Mimi and others vs Govt. of Bangladesh and others Abandoned property: - For release of abandoned property, claimant have to prove that the owner or his legal heirs occupying supervising and managing the disputed property on 28.02.1972, while President`s Order No. 16 of 1972 came into force.
72 United International University vs The Commissioner of Taxes with Manarat Dhaka International College vs The Commissioner of Taxes (Full Bench Decision): Private universities/colleges imparting education are not required to produce any exemption certificate or letter issued by NBR to get tax exemption in view of the provisions under SRO No. 454-L/80(a) dated 31.12.80 as amended by SRO No. 178-Income Tax/2002 dated 03.07.2002 issued by the NBR.
73 The Commissioner of Taxes vs Haji Mohammad Ali Meah Waqf Estate (Full Bench Decision): The part of income of a private religious trust (Waqf), which is not applied or set a part for benefit of public but is applied or set a part for the benefit of Waqif and his descendants, is not entitled to get exemption of tax under Section 44 of the Income Tax Ordinance, 1984 read with Paragraphs 1 and 2 of Part A of the Sixth Schedule thereto.
74 The Commissioner of Taxes vs Transfin Trading Ltd and others (Full Bench Decision): In view of the proviso to Clause-(iii) of sub-section(1) of Section 29 of the Income Tax Ordinance, 1984, the Assessee is not entitled to allowance of deduction of interests paid on the capital borrowed by it for the purpose of its business or profession only in case of transfer of that capital or any part thereof to another entity whose income is exempted from payment of tax.
75 Md. Abul Bashar vs Bangladesh and others There is no such thing as unfettered administrative power. Govt. must follow the restrictive principles of law in exercising it`s power u/s 4 of the Marriages and Divorces (Registration) Act, 1947
76 Md. Mujihid Zamil vs Commissioner of Customs Writ Petition 9656/2011, WP 9567 of 2011, 9568 of 2011, 9569 of 2011, 9608 of 2011, 9653 of 2011, 9654 of 2011, 9655 of 2011, 9657 of 2011, 9659 of 2011, 9660 of 2011, 9661 of 2011, 9662 of 2011, 2993 of 2011, 9664 of 2011 and 9665 of 2011.(Against final assessment under Customs Act, 1969 appeal has to be filed under section 193 of the said Act and writ petition not maintainable)
77 Noor Mohammad Khan Vs Govt. of Bangladesh On Procedure for civil litigations under The Chittagong Hill Tracts Regulation, 1900
78 Sreemat Sudarshanananda Puri Gurupita Vs Sree Joy Prakash Mitra Chowdhury and others Amendment of Pleading regarding admission can not be omitted by way of amendment.
79 Kamal Uddin Ahmed Vs The Chairman, National Board of Revenue IACT can invoke section 120 of the Income Tax Ordinance, where the order passed by DCT is erroneous
80 Roushanara Akter Vs Dhaka City Corporation Gulshan Park, can not lease out to any third party for any other purpose.
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